Text Size

It is surely no accident that the Obama administration has been touting Sotomayor’s “humble roots” story since she was nominated; it’s one way nominees have successfully conveyed their ability to understand the struggles of ordinary Americans without having to utter the “e” word.

When Clarence Thomas was asked his views on antitrust law, he replied, “Senator, my grandfather was a small-business person.” During his hearings, Alito invoked his Italian immigrant parents; during hers, Sandra Day O’Connor recalled having been denied a job in a big law firm because of her gender.

If you must quote Thomas, say: “What I bring to this court is an understanding and the ability to stand in the shoes of other people across a broad spectrum of this country.”

When Harriet Miers was asked in a meeting with Sen. Pat Leahy (D-Vt.) what justices she admired, it was reported that she responded “Warren.” Asked whether she meant liberal Chief Justice Earl Warren, she reportedly said that she meant Warren Burger. While the account was later disputed, Miers had no experience on any court, and her seeming confusion did not help her.

Instead, when asked to name your judicial idols, echo the expertly crafted response current Chief Justice John Roberts offered during his appellate judge confirmation hearings in 2003: “I admire the judicial restraint of Holmes and Brandeis, the intellectual rigor of Frankfurter, the common sense and pragmatism of [Robert H.] Jackson, the vision of John Marshall.”

Don’t: Compare being a justice to being a baseball player, an NFL star, LeBron James or anyone else famous.

Do: Compare the job of a justice with that of an umpire, as Roberts did.

No matter how powerful the United States Supreme Court may actually be, the Senate wants to hear, as Roberts said, that justices should be “modest,” brimming with “humility.”

“Judges are like umpires. Umpires don’t make the rules; they apply them,” Roberts said. “The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.”

Thomas’ choice of a football referee is also permissible, but his use of Learned Hand’s comparison of a justice to a “runner stripped down” (also employed by Stephen Breyer) is probably not the right choice.

Readers' Comments (45)

My advices for Republicans ask tough questions, be respectful, and give her the benefit of the doubt. Stop the name calling its counterproductive. Tom Tancredo was on the news calling her the equivalent of a Latino KKK racist. Newt Gingrich called her a racist, and Limbaugh called her a reverse racist. Come on guys, show some class. This is a Lady, who is highly qualified, the first Latino appointed to the USSC, and deserves a thorough respectful vetting.

Republicans will vote against Sotomayor at their own electoral peril. Hispanics will not forget if Republicans handle this incorrectly. Any comments from the rabid foaming at the mouth conservatives who are opposed to Sotomayor with intelligent thought? And yes I'm completely aware the Firefighter case which most likely will be struck down by the current USSC. I'm looking for intelligent arguments, not talking points or name calling.

BLACK UNEMPLOYMENT IS AT 14%..IN THE INNER CITIES IT IS OVER 20%...NOTE THE BLACK REPRESENTATIVES WHO VOTED TO NOT...NOT..GIVE JOBS TO SUFFERING BLACK AMERICANS. MICHAEL STEELE SHOULD TAKE THIS LIST OF SHAME TO EVERY BLACK DISTRICT IN THE USA...AND TAKE THE JOBS OF THESE *&^&^%^ PEOPLE. BLACK PEOPLE NEED NO ENEMIES.....NOT WITH REPRESENTATION LIKE THIS IN THE USA CONGRESS...AND THE MEDIA WHICH COVERS THESE PEOPLE...................THEY ARE .BEYOND SHAME.

Republicans have the public behind them. Yesterday a poll stated that for the first time in years....voters trust Republicans with the economy far more than they do Democrats. Another poll..Rasmussen...80% of Americans are against free health care for illegal aliens...or a quick nationalization of millions of illegals...so they can then be citizens and vote. Republicans in the New York State Assembly..recruited two Democrats...AND STRIPPED DEMOCRATS OF CONTROL...IN NEW YORK. NO THE MEDIA DOES NOT REPORT THIS..............BUT THINGS ARE NOT GOING THE DEMOCRATIC WAY...EVEN BILL MAHR IS ON TV CALLING FOR PRESIDENT OBAMA TO GIVE THE CONSTANT MEDIA APPEARANCES A REST.

DEMOCRATS ARE COMMITTED TO....“finish the job of making our borders the least secure in the world, inviting every poor person in the hemisphere to swarm here illegally, thus bankrupting legal immigrants and native-born Americana alike, and if you object I’m going to call you a racist and pretend your forebears broke just as many laws getting here as my clients break every day.” (oneoldvet)

Republicans.................need only tell the truth. They need to get the news out about the agenda of Democrats..which seems to be to function as an arm of the Mexican Government.

AND AGAIN...THE TOTAL VOTE OF LATINOS IS 9%. THE TOTAL VOTE OF AMERICAN NATIVE BORN CITIZENS IS ABOUT 85%. LET DEMOCRATS "EARN" THE LATINO VOTE. REPUBLICANS NEED TO GO AFTER THE VOTES OF THE NATIVE BORN AMERICANS.

AND..THIS IS STUNNING NEWS....NATIVE BORN AMERICANS...HAVE BABIES TOO. NOT ALL OF THEM ARE OLD AND UNFERTILE.

My advices for Republicans ask tough questions, be respectful, and give her the benefit of the doubt. Stop the name calling its counterproductive. Tom Tancredo was on the news calling her the equivalent of a Latino KKK racist. Newt Gingrich called her a racist, and Limbaugh called her a reverse racist. Come on guys, show some class.

My advices for Republicans ask tough questions, be respectful, and give her the benefit of the doubt. Stop the name calling its counterproductive. Tom Tancredo was on the news calling her the equivalent of a Latino KKK racist. Newt Gingrich called her a racist, and Limbaugh called her a reverse racist. Come on guys, show some class. This is a Lady, who is highly qualified, the first Latino appointed to the USSC, and deserves a thorough respectful vetting.

Republicans will vote against Sotomayor at their own electoral peril. Hispanics will not forget if Republicans handle this incorrectly. Any comments from the rabid foaming at the mouth conservatives who are opposed to Sotomayor with intelligent thought? And yes I'm completely aware the Firefighter case which most likely will be struck down by the current USSC. I'm looking for intelligent arguments, not talking points or name calling.

oh noooow you have a set of morals?

bush picks where made out to be monsters. shall we go back in the wayback machine to see how the lib dems treated them?

but the lefts pick....now we must be all polite n respectful?

this chick is a racist...period.

she is an identy politics pick...and a tool that will vote as she is told.

Who cares what the republicans may or may not do? They have already decided that they weren't going to confirm any nominee of the Presidents' even before he nominated anyone! Judge Sotomayorhas more experience that any of the current SCJ do at this time. I don't expect serious vetting from the republicans--just "gotcha" questions meant to try to entrap her into one of their ridiculous "racisim" claims. I trust that the Dems will ask the legitimate questions for the vetting process. The republicans will obstruct, as usual.

Who cares what the republicans may or may not do? They have already decided that they weren't going to confirm any nominee of the Presidents' even before he nominated anyone! Judge Sotomayorhas more experience that any of the current SCJ do at this time. I don't expect serious vetting from the republicans--just "gotcha" questions meant to try to entrap her into one of their ridiculous "racisim" claims. I trust that the Dems will ask the legitimate questions for the vetting process. The republicans will obstruct, as usual.

Casabutt and GIRunit, your comments void of intelligence and seriously laughable. My recommendation would be to take a constitutional law class and maybe some American history. You might learn something. GIRunit your racist views are why I don't identify with the Republican party and why the Republican Party will stay a minority with spokes-holes like you. Referring to Supreme Court Justice Ruth Bader Ginsburg as "Jew" is really beneath a level of discourse that I wish not to engage. Politico you should review these comments.

Other conservatives should denounce these inappropriate comments. However your silence is deafening.

Do: Call anyone who questions this affirmative action nominee who has an aversion toward white males a RACIST!

Awwwwww. Poor white dude. You just can't stand the fact that women and minorities are invading the all-white boys clubs, can you? Welcome to the real America, where diversity exists. We have many different ethnic cultures in Amercia so it's about time we were represented by people from these diverse groups. You can whine all you want, but the new reality is that America is no longer solely governed by old white men. I'm afraid you'll have to learn to deal with it.

The shame of this article is that it really dosn't matter what Sotomayor stands for as much as how she frames it. Unfortunately, I agree. So much of what goes on in politics is about form over substance. In the case of a presumptive SC justice all sides are left to decode the message. Hearings, therefore, really are meaningless because they tell little, if anything, about what we are getting. Look at how Roberts misled Democrats in his hearing. Alito tried to come across as a reasonable person who cared about the "little guy." Instead, Roberts is an unabashed defender of the powerful and Alito is a technocrat judge seemingly devoid of seeing law as dynamic and an issue of equity. So I would not put any value on these hearings as both her opponents and supporters will try and show she is whatever they decide to paint her. In the end, we have no idea of what we are supporting. Her past cases are not very meaningful as cases before the SC present many different scenarios and issues than they do at lower court proceedings.

Roberts is an unabashed defender of the powerful and Alito is a technocrat judge seemingly devoid of seeing law as dynamic and an issue of equity

The law is not dynamic and an issue of equity. Our system of justice is based on laws. Those laws are supposed to apply to everybody equally. The law is not a tool to make things fair, it is a code that every person is obligated to follow.

Awwwwww. Poor white dude. You just can't stand the fact that women and minorities are invading the all-white boys clubs, can you? Welcome to the real America, where diversity exists. We have many different ethnic cultures in Amercia so it's about time we were represented by people from these diverse groups. You can whine all you want, but the new reality is that America is no longer solely governed by old white men. I'm afraid you'll have to learn to deal with it.

jackieaxe: Jun. 15, 2009 - 7:50 AM EST

Do: Call anyone who questions this affirmative action nominee who has an aversion toward white males a RACIST!

Yep! I knew it was coming. Here come the affirmative action hires. And if you point this out, "Awwww. Poor white dude! " Heh Litabell, What happened to Miguel Estrada? George Bush was trying to add diversity on the appeals court but wasn't he obstructed by the democrats? And you know she got into law school based on affirmative action over more deserving white males. I don't mind the "diversity" based on merit, it's the being pushed ahead over white males who are more qualified because of skin color or race that I have a problem with. BTW, why are hispanics deserving of affirmative action quotas anyway. And, you know a white man could not get away with stating his living the life makes him more qualified than a latina female. And I've been dealing with less deserving people moved ahead based on race and gender my whole life.